RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:			DOCKET NUMBER:  BC-2016-02931
		
						COUNSEL:  NO

						HEARING DESIRED:  YES

APPLICANT REQUESTS THAT:

His Post-9/11 GI Bill transfer of education benefits (TEB) to his dependents be approved.

APPLICANT CONTENDS THAT:

He did not receive adequate notification on the TEB program prior to his retirement.

The applicant’s complete submission, with attachments, is at Exhibit A.

STATEMENT OF FACTS:

The applicant retired from the Regular Air Force on 1 Sep 09 and was credited with 21 years, 5 months, and 19 days of active service.

The remaining relevant facts pertaining to this application are described in the memorandum prepared by the Air Force office of primary responsibility (OPR), which is included at Exhibit C.

AIR FORCE EVALUATION:

AFPC/DP3SA recommends granting the applicant’s request, indicating there is evidence of an error or injustice.  There is no record in the Defense Manpower Data Center (DMDC) the applicant applied for TEB.  Without a request, eligibility for the program could not be established, as DoDI 1341.13, 3.a. and AFI 36-2306_AFGM1, 18.a. (1) cite the date of request as the date on which the appropriate service obligation would be applied.  The TEB program activated effective 1 Aug 09 and the applicant retired effective 1 Sep 09.  Based on the applicant’s Total Active Federal Military Service Date of 12 Mar 88, he would have incurred no Active Duty Service Commitment with TEB approval.  The TEB program was newly established at the time of applicant’s retirement; guidance and information was limited.  It is feasible the applicant was not adequately informed prior to retirement.

A complete copy of the AFPC/DP3SA evaluation is at Exhibit C.

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant on 13 Dec 16 for review and comment within 30 days (Exhibit D).  As of this date, no response has been received by this office.

THE BOARD CONCLUDES THAT:

1.  The applicant has exhausted all remedies provided by existing law or regulations.

2.  The application was not timely filed; however, it is in the interest of justice to excuse the failure to timely file.

3.  Sufficient relevant evidence has been presented to demonstrate the existence of an error or injustice.  We took notice of the applicant's complete submission in judging the merits of the case and agree with the opinion and recommendation of the Air Force OPR and adopt its rationale as the basis for our conclusion the applicant has been the victim of an injustice.  In this respect, we note the TEB program was newly established at the time of the applicant’s retirement; guidance and information was limited and the applicant may not have been properly counseled prior to his retirement.  Therefore, we recommend the applicant's records be corrected as indicated below.

4.  The applicant’s case is adequately documented and it has not been shown that a personal appearance with or without counsel will materially add to our understanding of the issues involved.  Therefore, the request for a hearing is not favorably considered.

THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the Air Force relating to the APPLICANT be corrected to show that on 1 Aug 09, he elected to transfer his Post-9/11 GI Bill Educational Benefits to his eligible dependents.   

The following members of the Board considered AFBCMR Docket Number BC-2016-02931 in Executive Session on 8 Jun 17 under the provisions of AFI 36-2603, Air Force Board for Correction of Military Records:

All members voted to correct the records as recommended.  The following documentary evidence pertaining to AFBCMR Docket Number BC-2016-02931 was considered:

	Exhibit A.  DD Form 149, dated 20 Jul 16, w/atchs.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Memorandum, AFPC/DP3SA, dated 18 Oct 16.
	Exhibit D.  Letter, AFBCMR, dated 13 Dec 16, w/atch.

Pursuant to paragraph 1 of AFI 36-2603 (Title 32 Code of Federal Regulations, Part 865.1), it is certified that a quorum was present at the Board's review and deliberations, and that the foregoing is a true and complete record of the Board's proceedings in the above entitled matter.